C M Madaiah vs C.M.Poonacha
2023 Latest Caselaw 6472 Kant

                                            -1-
                                                       NC: 2023:KHC:32988
                                                     RSA No. 1932 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF SEPTEMBER, 2023

                                          BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.1932 OF 2021 (PAR)

                   BETWEEN:

                   C M MADAIAH
                   AGED 72 YEARS,
                   S/O C T MONNAPPA
                   R/AT NELAJI VILLAGE AND POST
                   MADIKERI TALUK, KODAGU DISTRICT
                                                             ...APPELLANT
                   (BY SRI KARUMBAIAH T A, ADVOCATE)
                   AND:

                   1.    C M POONACHA
                         AGED 37 YEARS
Digitally signed         S/O C M MEDAIAH
by SHARANYA T            R/AT NELAJI VILLAGE
Location: HIGH           MADIKERI TALUK, KODAGU DISTRICT
COURT OF
KARNATAKA
                   2.    C M SUKUMAR
                         AGED 38 YEARS
                         S/O C M MEDAIAH
                         R/AT NELAJI VILLAGE
                         MADIKERI TALUK, KODAGU DISTRICT
                                                           ...RESPONDENTS

                       THIS RSA IS FILED UNDER SECTION 100 OF CPC
                   AGAINST THE JUDGMENT AND DECREE DATED 17.12.2019
                   PASSED IN R.A.No.9/2018 ON THE FILE OF THE
                               -2-
                                            NC: 2023:KHC:32988
                                         RSA No. 1932 of 2021




PRINCIPAL DISTRICT JUDGE, KODAGU AT MADIKERI AND
ETC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                          ORDER

The learned counsel for the appellant has filed a

memo for retirement dated 30.08.2023 along with the

acknowledgment of the appellant who has taken back all

the papers pertaining to the said case from the advocate

on 29.11.2022 with NOC vakalath to engage the service of

any other advocate. Hence, the counsel who is on record

for the appellant is permitted to retire from the case.

2. When NOC vakalath was taken on 29.11.2022,

till date, the appellant has not engaged any counsel.

Hence, it appears that the appellant is not interested in

pursuing the matter diligently. Thus, the appeal is

dismissed for non-compliance of office objections and also

non-payment of cost.

Sd/-

JUDGE SN